Position Paper for the General Assembly Third Committee

Kenya would like to thank this committee for the consideration of these three very important topics that are before this body.  They are, Combating Human trafficking; the Development and the Rights of Indigenous Peoples; and Transnational Organized Crime. Kenya has been active in the United Nations since its admission in December of 1963. We argue that working with the United Nations to combat Social and Humanitarian issues will be important to allowing peace to prosper in the 21^st Century. All three issues at hand are crucial to the betterment of the world as a whole.  Kenya is looking forward to great debate, fruitful discussion, and well-crafted resolutions as a result of this session on all three topics.

I. Combating Human Trafficking

Kenya has taken a firm stance toward the eradication of human trafficking by adapting the Counter Trafficking in Persons Act. Recognizing the UN General Assembly Resolution 2625 (XXV) takes note of the state’s duty to protect its people and Kenya urges member states to strengthen their own legislation to incorporate Counter Trafficking laws into their constitutions. Kenya has reconstructed its own constitution using the Counter Trafficking in Persons Act aimed to “create momentum to expand counter-trafficking initiatives in accordance with the 2008-2013 National Plan of Action (NPA)”The Action Plan supports actions such as school preservation education as a preventive measure, as well conducting information outreach programme to targeted populations. Efforts in reducing vulnerability are most effective when they strengthen socio-economic development of the vulnerable regions. Noting that women and children are especially vulnerable to the threat of human trafficking, Kenya encourages including women in governmental positions and decision making. Women should also play an important role as mediators within vulnerable regions, because they are better suited to represent the specific interest of women and children on these delicate issues of human trafficking. Kenya endorses strengthening law enforcement and the judiciary agencies to protect victims and to prosecute offenders. States policies must be aimed at combat corruption in these agencies. The Kenya Anti-Corruption Commission (KACC) works in collaboration with Non-Governmental Organizations to report educating the community and urging them to stand against corruption and providing defensive services. Moreover, Kenya supports the strengthening of laws aimed at eliminating the opportunities for loop holes that permit corruption. Keeping in mind that human trafficking and organized crime are also problems in in its seas and waterways; Kenya endorses the framework implemented by the International Maritime Organization (IMO) Counter Trafficking in Persons Act (CTPA) 2010 will “create momentum to expand counter-trafficking initiatives in accordance with the 2008-2013 National Plan of Action.” Kenya calls on the IMO to come together with neighboring African States to construct a “caretaker maritime authority” for Somalia, and to develop a practical coastline-monitoring programme. Deeply saddened by the increase of human trafficking due to the crisis following Horn of Africa’s drought, Kenya calls for the international community to increase efforts to ensure the peace and security of people in their critical situation. Kenya calls upon the role of the international community to: 1) advance communications between states concerning organized crime 2) enhance the capabilities of states to combat organized crime 3) further insist on the promoting globalization to address economic and social instabilities 4) improve education geared toward maritime situational awareness and enhance the capabilities of local coast guards.

II. Development and the Rights of Indigenous Peoples

Indigenous peoples within Kenya tend to face some of the same issues as other indigenous peoples across the globe. These issues include but are not limited to, legal recognition and identity; equality and non-discrimination, culture and language rights, and land and resource rights. The Kenya National Commission on Human Rights (KNCHR), along with the Centre for Minority Rights Development (CEMIRIDE) has come up with criteria to classify indigenous peoples for the purpose of addressing their human rights. These criteria include: having a sense of solidarity claiming rights to ancestral land; practicing and retaining cultural lifestyle retaining traditional institutions and social organizations; depending on natural resources in their respective territories suffering exclusion and discrimination from and by the mainstream systems possessing unique or common religion and spirituality and utilizing unique means of livelihood and traditional occupation. Kenya would like to commend the work done by the International Labour Union, the Office of the United Nations High Commissioner for Human Rights, the United Nations Children’s Fund, the United Nations Population Fund, and the United Nations Development Programme to form the United Nations Indigenous People Partnership. In Kenya the economic livelihood of indigenous people is negatively affected because of the lack of legal framework that should be there to protect said peoples. Kenya, which is trying to become more westernized, continues to call upon indigenous peoples to modernize. This desire puts them into and economic conflict with a lack of land to continue their traditional method of hunter-gatherer and pastoral life, thus not allowing for the protection of their human rights. The indigenous people who Kenya that live a life of pastoralism are looked down on and taken advantage of. They supply a large amount of meat for the country, but the dominant communities within Kenya act as middlemen and take most of the profits. The Kenya Meat Commission has been revived by the current governments in the hope of allowing for an improvement of the welfare of indigenous peoples who practice pastoralism. Indigenous people have a voice that needs to be heard, and Kenya notes that the best way for this to happen is through United Nations entities that have already been established. Kenya commends the work done by the United Nations Permanent Forum on Indigenous Issues (UNPFII) and would like to continue to see the UNPFII strengthen the rights of Indigenous Peoples.

III. Transnational Organized Crime

Kenya acknowledges the presence of Transnational Organized Crime and we are deeply concerned with the impact it has on the world. Transnational organized crime is criminal activity that is coordinated across national borders. Kenya stands in support of multilateral agreements to combat transnational organized crime. These crimes include many activities; those specifically taking place in Kenya are drug trafficking, illicit trade in counterfeit goods and commodities,the trafficking in wildlife products, human trafficking and smuggling, small arms trafficking, and money laundering. These crimes are strengthened by the corruption of police, courts and political systems. Kenya has seen an increase in the amount of heroin coming from Pakistan and Iran, along with cocaine from Latin America being brought through Kenya and to Europe and North America. Of these criminal activities, drug trafficking is one of the major crimes that generates a substantial amount of money for organized criminal groups. With the CTOC the main hindrance against organized crime, Kenya complied with the CTOC in June 2004. As of January 2005, Kenya had met the CTOCs three protocols: the Protocol to Prevent, Suppress and Punish Trafficking in Persons especially Women and Children; the Protocol against Smuggling of Migrants by Land, Air and Sea; and the Protocol against Illicit Manufacturing and Trafficking in Firearms, Their Parts and Components and Ammunition. The UNODC has been helping countries develop and implement tools to counter transnational organized crime by using the provisions of the CTOC. In this combat against Transnational Organized Crime, Kenya points out that it is first the states duty to combat such crimes before the international community should step in. “Termites at Work: Transnational Organized Crime and State Erosion in Kenya” brings light to the issues concerning Transnational Organized Crime in Kenya. There is work that needs to be done to help combat the infiltration in the Kenyan government due to organized crime. Kenya continues to work to reverse its impact made on the government. There have been large steps taken in the terms of progress in the Kenyan government such as a rewritten constitution in 2010. As we continue to reform our government, Kenya notes, with concern, all of the issues faced, but would like the respect of international community to acknowledge our state sovereignty. The UN allows for us to reach out and ask for help when needed, and we will do so when necessary. As noted in “Termites at Work” the issues faced by Kenya have not reached these levels that the international community needs to step in. Kenya makes light of the recommendations mentioned in “Termites at Work” and will continue to fight Transnational Organized Crime. Kenya would like to see multilateral agreements that respect state sovereignty in the fight against Transnational Organized Crime. Kenya recognizes the achievements of regional and multilateral agreements in reducing impunity and improving the identification of offenders. However, Kenya regrets that the ratification of actual agreements on extradition is being delayed by complicated bureaucratic procedures, and stresses Member States to accelerate the process of ratification. Although encouraging the development of such types of agreements on extradition, Kenya calls upon every Member State to review their domestic legislation to converge toward the United Nations standards, as found in the Model Treaty on Extradition (A/RES/45/116), in order to establish, in the long term, a strong multilateral extradition regime. In accordance with that proposition, Kenya asks the Member States to use and apply the United Nations Standards and Norms in Crime Prevention and Criminal Justice (E/CN.15/2003/10 and E/CN.15/2003/10/Add.1), the Minimum Rules for the Treatment of Prisoners (E/1977/2076) and the Declaration Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (A/RES/39/46 articles 1to 16) to manage effective extradition procedures while complying with the norms of the United Nations Universal Declaration of Human Rights. In the same order of idea, recalling the mandate 4(c) of the CCPCJ which is to facilitate and help to coordinate the activities of the United Nations institutes for the prevention of crime and the treatment of offenders, the Kenya would like to see the CCPCJ revise resolutions dealing with crimes violating human rights to report if they include appropriate extradition provisions, and in the case where they do not, to recommend adequate new provisions. For example, judicial cooperation in investigations and proceedings in the field of extradition should be included in all future provisions, as it has been done in the resolution A/RES/S-20/4 addressing the illegal traffic of drugs.